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Commentary

Mar 31, 2016

View from around the state: Courts paint phony picture to justify fees

Even the National Gallery in Washington, D.C., with paintings by Rembrandt and Van Gogh, allows flash photography.

Mar 28, 2016

The fundamentals of expert witness cross-examination

“A lawyer can do anything with cross-examination if he is skillful enough not to impale his own cause upon it.” -- John Henry Wigmore

Mar 25, 2016

Woman convicted of working for decade as unlicensed attorney

A former president of a county bar association in Pennsylvania has been convicted of using forged documents to pose as an estate lawyer for a decade even though she didn't have a law license.

Mar 22, 2016

BENCH BLOG: Community caretaker function case highlights decline of high court

A majority of the Wisconsin Supreme Court justices expanded the contours of the community-caretaker exception to the Fourth Amendment's warrant requirement even while embarrassing themselves through the way they reached their decision.

Mar 21, 2016

CRITIC’S CORNER: Truth or doubt: Where should the emphasis lie in jury instructions?

In Wisconsin, criminal jury instruction 140 defines reasonable doubt for the jury. Strangely, however, after defining reasonable doubt, the instruction concludes by telling jurors that “you are not to search for doubt. You are to search for the truth.”

Mar 14, 2016

View from around the state: Supreme Court contest matters as much as presidential vote

While the attention will be on the presidential competitions, there will be an equally important contest on the April 5 ballot. Voting for a place on the state Supreme Court will determine whether Wisconsin's historic commitment to judicial independence and integrity will be renewed.

Mar 10, 2016

Closing Arguments: Is Wisconsin’s collateral-source rule worth preserving?

Wisconsin lawmakers this year are once again gave serious consideration to eliminating the state’s collateral-source rule, a doctrine that has been around in Wisconsin for nearly a century and whose roots extend into common law.

Mar 7, 2016

A crawl space too small

My job, like any Wisconsin trial lawyer, is to make sure safety rules are followed. That means if you are injured or a loved one is injured because of someone else's carelessness, shortcuts, or cover-up of a problem, we're here to help you.

Mar 7, 2016

BENCH BLOG: Court stretches in heroin blood draw case

In a case involving suspected heroin abuse, the Wisconsin Supreme Court decided a warrantless blood draw was justified primarily because heroin tends to dissipate rapidly in a person's bloodstream.

Mar 3, 2016

View from around the state: Sen. Johnson should break ranks on court nominee

As Senate Republicans stand in an unbroken line of opposition to even the thought of considering a nominee to replace Justice Antonin Scalia on the U.S. Supreme Court, Sen. Ron Johnson of Wisconsin is standing right there with them.

Mar 1, 2016

ON ETHICS: Death of a law firm

A very large Milwaukee-based firm, Gonzalez Saggio & Harlan, has died.

Feb 29, 2016

BENCH BLOG: Does long arm of Wisconsin law extend down under?

The Court of Appeals has ruled that a Wisconsin resident cannot obtain long-arm jurisdiction over the Sydney Morning Herald without offending the Due Process Clause.

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